The Right to Appeal in a DUI Case

Among the most important rights to a criminal defendant in a DUI case  is that of the right to appeal.  After imposing sentence or making an order deemed to be a final judgment on conviction after trial, including an order granting probation, the court must orally or in writing advise a defendant not represented by counsel of the right to appeal to the appellate division of the kern county superior court, the time for filing a notice of appeal, and the right to appointed counsel on appeal.  Interestingly, this notice is not required following a guilty plea for a kern county DUI case. The defendant must file a written notice of appeal with the court clerk within 30 days after rendition of judgment or the making of the order. According to one Kern County DUI Attorney, the superior court must appoint counsel for a defendant on request if the defendant is subject to incarceration or a fine of more than $500, or is likely to suffer significant adverse collateral consequences as a result of the conviction, and the defendant was represented by appointed counsel in the trial court or, as in the courts of appeal, establishes his or her indigency. The appointment of an attorney is discretionary for any other indigent defendants in criminal and DUI cases.

3 Responses to The Right to Appeal in a DUI Case

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